El Hisbah : Journal of Islamic Economic Law
Journal Title : El Hisbah: Journal of Islamic Economic Law ISSN : ISSN 2797-5819 (print) | ISSN 2828-2981 (online) Editor in Chief : Tarmidzi, Scopus ID: 57218899938, Sinta ID: 6699557 Managing Editor : Kuat Ismanto, Sinta ID: 14010 Publisher : Faculty of Sharia - Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan Frequency : 2 issues per year (May and November) El Hisbah : Journal of Islamic Economic Law (P-ISSN 2797-5819 and E-ISSN 2828-2981) is a double-blind peer-reviewed journal published by Department of Islamic Economic Law, Faculty of Sharia, UIN K.H. Abdurrahman Wahid Pekalongan, Central Java, Indonesia. The journal publishes research articles, conceptual articles, and book reviews of Sharia Economic Law (Basic Study of Sharia Economic and Business Law, Contemporary Study of Sharia Economic and Business Law, Sharia Economic and Business Dispute Resolution). The articles of this journal are published bi-annually; May and November. This journal uses article writing guidelines in accordance with the COPE’s Best Practice Guidelines for Journal Editors.
Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan
Journal El Hisbah : Journal of Islamic Economic Law by Faculty of Sharia, UIN K.H. Abdurrahman Wahid Pekalongan, Central Java, Indonesia is licensed under a Creative Commons Attribution 4.0 International License. You are free to: Share ” copy and redistribute the material in any medium or format Adapt ” remix, transform, and build upon the material for any purpose, even commercially. Under the following terms: Attribution ” You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. No additional restrictions ” You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Kepastian Hukum Kepemilikan Aset dalam Akad Musyarakah Muntahiyah bi al-Tamlik pada Lembaga Keuangan Syariah
Musyarakah Muntahiyah bi al-Tamlik (MMBT) is a Sharia-compliant financing contract that combines a partnership arrangement with a gradual transfer of asset ownership. The integration of musyarakah, ijarah, and asset transfer mechanisms creates a need for legal certainty, particularly regarding ownership status and the protection of the parties’ rights. This study aims to analyze legal certainty in asset ownership under the Musyarakah Muntahiyah bi al-Tamlik contract within Islamic financial institutions and contributes to the literature on Islamic economic law by highlighting legal certainty regarding asset ownership in partnership-based financing arrangements. The research employs a normative juridical method using conceptual and statutory approaches through a literature review of academic publications, DSN-MUI fatwas, and regulations related to Islamic financing. The findings show that legal certainty in MMBT is reflected in the clarity of joint ownership, the allocation of rights and obligations, and the gradual transfer of ownership until the asset becomes fully owned by the customer. This certainty is supported by DSN-MUI fatwas governing the legal relationship between the parties. Nevertheless, the implementation of MMBT still faces challenges related to contractual complexity, risk-sharing practices, and public understanding of partnership-based financing. This research contributes to enriching the discussion on the implementation of the Musyarakah Mutahiyah bi al-Tamlik (MMBT) contract in Islamic financial institutions through an in-depth analysis of the legal certainty of asset ownership and the protection of the rights of the parties.
Copyright (c) 2026 Sulfarid, Dede Permana https://creativecommons.org/licenses/by-nc/4.0
Kepatuhan Syariah dan Mitigasi Risiko Regulasi Operasional Bullion Bank Bank Syariah Indonesia (BSI)
The implementation of bullion bank business activities by PT Bank Syariah Indonesia Tbk (BSI) after the issuance of POJK Number 17 of 2024 opens up opportunities for diversification of gold commodity-based products, but at the same time brings double risk complexity. This study aims to analyze the operational alignment of BSI's bullion services to sharia compliance and formulate an adaptive regulatory risk mitigation strategy. Using qualitative research methods with a descriptive-analytical approach, this study combines juridical-normative analysis and risk-management approach. The data source relies on secondary legal materials collected through documentation studies and analyzed using the content analysis method. The results of the study show that although formally BSI gold products have been supported by the adequacy of the muamalah fiqh contract, at the digital technical level there is a critical point of sharia non-compliance risk related to the fulfillment of the pillars of qabdh (handover). This is triggered by the potential synchronization gap between the digital book balance in the BYOND application and the physical availability of gold (underlying asset) in the bank's vault. In addition, the limitation of sharia hedging instruments is suspected to be the cause of fluctuating profitability ratios due to soaring compliance costs. As a resolution, this study reconstructs the Integrated Sharia-Regulatory Risk Framework, which rests on three main pillars, namely the tokenization of physical gold-based assets, the optimization of Wa'dan and Tawaruq schemes for Islamic hedging, and the establishment of the Sharia Bullion Insurance Pool to address the legal void in the commodity guarantee system by the Deposit Insurance Corporation (LPS).
Copyright (c) 2026 Nawangsasi Kusuma Putri; Umi Zaidatul Khoeriyah https://creativecommons.org/licenses/by-nc/4.0
Dominasi Platform Digital dan Ketimpangan Posisi Tawar Pelaku Usaha Kecil: Perspektif Hukum Ekonomi Syariah
The transformation of the digital economy has significantly reshaped market structures and business competition patterns, particularly for Micro, Small, and Medium Enterprises (MSMEs). This study aims to analyze the transformation of MSME market structures, the influence of digital platform dominance on the bargaining position of small business actors, and the effectiveness of regulations and government support in responding to digital economic development in the Ajatappareng region of South Sulawesi. This research employs a qualitative approach using socio-legal and empirical legal research methods. Data were collected through in-depth interviews with the Offices of Cooperatives and MSMEs, Trade Offices, Communication and Information Offices, Regional Legislative Councils (DPRD), and MSME actors in Parepare City, Barru Regency, Pinrang Regency, Sidenreng Rappang Regency, and Enrekang Regency. The findings reveal that MSMEs in Ajatappareng have become increasingly dependent on digital platforms such as Shopee, Tokopedia, Facebook, Instagram, TikTok, and WhatsApp Business for marketing and product distribution activities. While digitalization has expanded market access, the dominance of digital platforms through algorithms, rating systems, and paid promotional features has created unequal bargaining positions that disproportionately favor business actors with greater financial resources and digital capabilities. The study further finds that limited digital literacy, technological capacity, and reduced government empowerment programs following the 2025 budget efficiency policy have weakened MSMEs’ ability to adapt to digital transformation. From the perspective of economic law, a regulatory gap remains regarding algorithmic transparency, platform accountability, and the protection of MSMEs’ bargaining positions within the digital economy. The study concludes that digital economic transformation has not yet ensured equitable distribution of economic opportunities for MSMEs. Therefore, a reconstruction of digital economic policies and regulations is required to establish a more inclusive, affirmative, and equitable framework that strengthens MSME protection within the platform-based digital market ecosystem.
Copyright (c) 2026 Zainal Said, Adnan Hasan, Madina Madina https://creativecommons.org/licenses/by-nc/4.0
Paradigma Ultra-Doctrinal-Method sebagai Pengembangan Hukum Ekonomi Syariah Kontemporer
This article examines the Ultra-Doctrinal-Method Paradigm as a method for the development of contemporary Islamic economic law amidst the increasing complexity of modern transactions, economic digitalization, and the limitations of classical normative approaches. Within this context, the article proposes the Ultra-Doctrinal-Method as a legal development paradigm that transcends the conventional legal-doctrinal approach by integrating the dimensions of maqāṣid al-sharī’ah, socio-economic contexts, interdisciplinary perspectives, legal philosophy, and empirical analysis into the process of legal istinbāṭ. This study is designed as a conceptual research employing an Islamic legal philosophy approach aimed at constructing the epistemological foundation of this paradigm in the development of Islamic economic law. The findings demonstrate that the Ultra-Doctrinal-Method offers a more contextual, progressive, adaptive, and responsive model of legal development capable of addressing contemporary economic dynamics without compromising the normative legitimacy of Sharī’ah. Furthermore, the paradigm is designed to revitalize the role of uṣūl al-fiqh from a mere instrument of legal derivation into an integrative epistemological framework. Consequently, this paradigm contributes to the transformation of Islamic legal epistemology toward a humanistic, justice-oriented, welfare-driven, and globally relevant system of Islamic economic law.
Copyright (c) 2026 Akmal Bashori, Ali Sodiqin, Moh. Tamtowi https://creativecommons.org/licenses/by-nc/4.0
Implementasi Hukum Ekonomi Syariah dalam Startup Fintech Berbasis Artificial Intelligence di Indonesia
The development of financial technology (fintech) based on Artificial Intelligence (AI) has significantly transformed the Islamic finance sector in Indonesia. As the country with the largest Muslim population globally, Indonesia holds a strategic position in developing an innovative and inclusive Islamic fintech ecosystem. This study aims to analyze the implementation of Islamic economic law in AI-based fintech startups in Indonesia, focusing on regulatory frameworks, compliance challenges, and industry development opportunities. The research employs a normative juridical approach with descriptive-qualitative analysis through literature review of regulations, fatwas, industry reports, and relevant academic studies. Findings indicate that despite the existing regulatory foundation through the Islamic Banking Law, OJK regulations, and DSN-MUI fatwas, regulatory fragmentation and institutional disharmony impede legal certainty. Key challenges include delayed fatwas for technological innovations, dual supervision by OJK-BI, unclear blockchain and smart contract regulations, and vulnerability to Sharia-based fraud. AI integration provides opportunities for operational efficiency, Sharia-compliant credit scoring, real-time fraud detection, and financial inclusion. Recommendations include regulatory harmonization, establishment of a dedicated Islamic fintech Task Force, development of Sharia-compliant AI standards, and enhancement of Sharia-based digital financial literacy to create a sustainable and globally competitive Islamic fintech ecosystem.
Copyright (c) 2026 Dhiya Dwi Afifah, Afdhol Rinaldi, Abdul Hamid https://creativecommons.org/licenses/by-nc/4.0
The Aspects of Maqashid al-Sharia in the Lelang Kue Tradition of the Kuang Dalam Community in South Sumatra
This study discusses the aspects of maqashid sharia in the Lelang Kue tradition of the Kuang Dalam Village community, Rambang Kuang District, Ogan Ilir Regency, South Sumatra. The cake auction tradition is part of a series of Malay community wedding customs that function as a medium of mutual cooperation and social solidarity in helping to finance the wedding reception. The problem in this study stems from the shift in the meaning of tradition due to the development of modernization and the increasing culture of individualism, while studies on the cake auction tradition from the perspective of maqashid sharia are still very limited. This study aims to analyze the practice of the cake auction tradition and examine the values of maqashid sharia contained in it based on the thoughts of Al-Ghazali and As-Syatibi. The study uses a qualitative method with a sociological and conceptual approach. Data were obtained through observation, interviews, and documentation, then analyzed using interactive techniques through the stages of data reduction, data presentation, and drawing conclusions. The results of the study indicate that the cake auction tradition is in accordance with the principles of maqashid sharia, namely protecting religion, life, mind, honor, and property. This tradition also embodies the values of mutual assistance, social solidarity, economic protection, and strengthening social relations in the community, thus categorizing it as al-'urf al-sahih, which aligns with Islamic law. This research contributes to strengthening the study of maqashid sharia in local Malay traditions, particularly the cake auction tradition in Kuang Dalam Village. This study integrates the perspectives of Al-Ghazali and As-Syatibi and serves as a reference for preserving traditions based on social, economic, and religious values that align with Islamic principles in the modern era.
Copyright (c) 2026 Havis Aravik, Luis Marnisah, Ahmad Tohir https://creativecommons.org/licenses/by-nc/4.0
Stock Zakat in Indonesia: A Maqāṣid al-Sharī‘ah Analysis of Non-Halal Income
This study examines the policy of tolerance toward interest and non-halal income in sharia-compliant stocks and analyzes its application to stock zakat. Using a normative juridical approach, this study analyzes relevant regulations, namely DSN-MUI Fatwa No. 135/DSN-MUI/V/2020, POJK No. 35/POJK.04/2017, and POJK No. 8 of 2025, through the framework of maqāṣid al-sharī‘ah. The data were analyzed using descriptive qualitative analysis to understand the legal norms related to the tolerance of interest and non-halal income in sharia-compliant stocks. The findings show that stock zakat in Indonesia faces significant challenges in terms of sharia compliance, particularly regarding the tolerance of riba and non-halal income. Although tolerance may be permitted to address urgent needs (ḍarūrah), the principles of maqāṣid al-sharī‘ah require that the tolerance of interest and non-halal income be viewed as a short-term mitigation measure rather than a permanent justification. This policy must continue to uphold the fundamental values of Islam, particularly those oriented toward hifz al-dīn and hifz al-māl. The contribution of this study lies in providing a deeper understanding of the application of maqāṣid al-sharī‘ah in the context of stock zakat. It also offers policy recommendations that are more oriented toward protecting fundamental Islamic principles, especially hifz al-dīn and hifz al-māl, within the regulation of stock zakat in Indonesia.
Copyright (c) 2026 Hasniati, Chuzaimatus Saadah https://creativecommons.org/licenses/by-nc/4.0
Regulasi Ziswaf dalam Kerangka Hukum Positif Indonesia: Perspektif Maqashid Al-Shari’ah
This study examines the regulation of Islamic philanthropy (ZISWAF) within the framework of positive Indonesian law through the perspective of maqashid al-shari'ah. Using normative legal research methods with legislative, conceptual, and historical approaches, this study analyzes the juridical construction of Law No. 23 of 2011 concerning Zakat Management and Law No. 41 of 2004 concerning Waqf. The results of the study found five substantial normative gaps between the applicable regulations and the demands of maqashid al-shari'ah, including: the absence of an impact-based supervision mechanism, the weak protection of the right to mustahik as an active legal subject, the absence of return on social investment (ROSI) standards, the lack of obligations for post-distribution empowerment programs, and the absence of a structured graduation mechanism. A comparative analysis of the regulatory practices of Malaysia, Jordan, Bahrain, Kuwait, and Sudan reinforces these findings. This study recommends a regulatory reconstruction model based on five pillars: impact-based regulation, protection of mustahik rights, cross-institutional data integration, standardization of professional nazhir and amil governance, and digital philanthropic regulatory framework. This model is rooted in al-Syathibi and Ibn Assyria's proposition of the dimensions of tawzi' al-tsarwah and tamkin al-dhu’afa’ as the foundation of Islamic distributive justice
Copyright (c) 2026 Abdul Chamid, Nurul Ngarifah, EMIOLA Habeeb Olasunkanm https://creativecommons.org/licenses/by-nc/4.0
Dekonstruksi Hukum Riba dalam Perbankan Modern: Analisis Kritis terhadap Epistemologi Hukum Syaikh Ali Jum’ah
The debate regarding the legal status of conventional bank interest in contemporary Islamic jurisprudence (fiqh) discourse on transactions has not yet reached an absolute consensus. The majority of Islamic scholars and international fatwa institutions establish the equivalence of bank interest and usury (riba). However, Sheikh Ali Jum'ah, the former Grand Mufti of Egypt, offers a different paradigmatic reading. This article aims to analyze Sheikh Ali Jum'ah's epistemologis and methodological constructions in assessing modern banking law. This research uses a qualitative method based on library research with a content analysis approach to his works and fatwas. The results show that Sheikh Ali Jum'ah does not essentially condone usury, but rather deconstructs the nature of banking transactions. His three main arguments include: (1) the shift in the contract from qardh (debt) to tamwil (financing/investment); (2) the classification of banking transactions as al-uqud al-mustahdatsah (new contracts) oriented toward macro-benefit; and (3) the change in the nature of money from an intrinsically valuable commodity (gold standard) to fiat money, which is vulnerable to inflation, positioning yields as an instrument for hifz al-mal (protection of wealth). This article concludes that Ali Jum'ah's fatwa is based on the maqasid sharia approach and the adjustment of illat (legal reasons) that respond to the complexities of the modern economy without violating the principles of sharia justice.
Copyright (c) 2026 Zulhamdi Zulhamdi, Abdullah Abdullah, Muhammad Ikbal https://creativecommons.org/licenses/by-nc/4.0
Legalitas Usaha Industri Rumah Tangga Pangan dan Halal Supply Chain: Analisis Kebijakan Produk Halal dan Thayyib di Indonesia
Islam requires its followers to consume halal and thayyib food products. In Indonesia, both of these can be achieved through halal certification and SPP-IRT. However, in practice, there are still IRTP that do not have this legality, resulting in cases of food products that are unfit for distribution and/or do not meet the requirements. This research aims to analyze the legal framework of IRTP businesses and examine its relevance to the halal supply chain in supporting halal and thayyib food products in the halal industry in Indonesia. This research uses a qualitative method with a normative legal research type, with a legislative approach and a conceptual approach. The data sources for this research are empirical legal materials, namely halal certification regulations and SPP-IRT in the food sector. Data were collected using library documentation techniques and analyzed using descriptive methods. The results obtained, IRTP that produce and distribute food products in Indonesia are required to fulfill business legality, namely the NIB certificate, SPPL environmental documents, SPP-IRT certificates, and halal certificates. This means that PIRT distributed in Indonesia must meet the requirements for safety, quality, nutrition, labeling, and advertising in accordance with the provisions of laws and regulations. To guarantee the halalness of a food product and maintain halal integrity throughout the supply chain, the halal supply chain must always be a primary concern in PIRT production activities. This is important, because halal products can be considered non-halal if there is direct contact with non-halal products. In addition, the halal supply chain can also be used to ensure that food safety standards have been implemented for IRTP products, so that food products are produced that are not only halal, but also thayyib. This research recommends that fulfilling the legality of IRTP businesses be a primary concern, to ensure that food products produced by IRTP are well standardized in order to achieve consumer satisfaction and open up greater market opportunities.
Copyright (c) 2026 Devid Frastiawan Amir Sup, Ahmad Syakur, Ulfatun Wahidatun Nisa https://creativecommons.org/licenses/by-nc/4.0
Perlindungan Hukum Affiliator Dalam Transaksi Jasa Pemasaran Produk Di Tikto
The development of digital technology has driven significant changes in marketing patterns, one of which is through a digital platform-based affiliate marketing system. TikTok Shop was one of the pioneers of this practice before the government's policy prohibiting social media from functioning as e-commerce through Minister of Trade Regulation No. 31 of 2023. This policy prompted TikTok Shop to migrate its system to Tokopedia and transform into Tokopedia Shop. In this affiliate system, content creators or affiliates promote sellers' products through special links and earn commissions on transactions. However, problems arise when commission amounts are unilaterally changed without notification or a new agreement, which has the potential to harm affiliates. This study used a qualitative method with a normative-empirical approach, utilizing primary and secondary data collected through documentation and interviews. The results show that legal protection for affiliates remains weak and unbalanced. Based on Philipus M. Hadjon's legal protection theory, there should be preventative protection through clear agreements and repressive protection through dispute resolution mechanisms. The imbalance in position between sellers and affiliates underscores the need for specific regulations to ensure fair legal protection for affiliates in the digital commerce ecosystem.
Copyright (c) 2025 Aldi Priansyah, M. Zulvi Romzul Huda F, Jumailah, Siti Qomariyah https://creativecommons.org/licenses/by-nc/4.0
Kesadaran Hukum Pelaku Usaha Mikro Produk Homemade Terhadap Kewajiban Perizinan Berusaha Berbasis Risiko
The government has implemented the Risk-Based Business Licensing (PBBR) policy to create an easy business climate, especially for Micro and Small Enterprises (MSEs). However, there are still many homemade food producers in Doro District who do not have business legality. This study aims to analyze the level of legal awareness and the factors that influence it. This study uses an empirical legal method with a descriptive qualitative approach. Primary data was obtained through in-depth interviews with home food producers and related parties from the Pekalongan Regency Investment and One-Stop Integrated Services Office (DPMPTSP). The data was analyzed using Soerjono Soekanto's theory of legal awareness. The results of the study show that the level of legal awareness of home food producers in Doro District is still relatively low. This low awareness is due to several key factors, including: lack of adequate information about UN procedures, the assumption that applying for business legality is costly, non-essential legality and complicated licensing processes, and limited access to technology. In addition, factors such as priority on production and the absence of strict sanctions also influence. This study contributes by providing the results of identification and mapping of specific factors, which cause low legal awareness of home food producers in Doro District.
Copyright (c) 2025 Sarah Wati, Iwan Zaenul Fuad, Bayu Leksono https://creativecommons.org/licenses/by-nc/4.0
Interpretasi Hukum Terhadap Ketentuan Pembayaran Akad Bai' As-Salam dalam Kompilasi Hukum Ekonomi Syariah
This study aims to examine and analyze the problems of legal interpretation in the Compilation of Sharia Economic Law (KHES), especially Article 103 regarding payments in the Bai' Salam contract (buying and selling orders). Article 103 of the KHES states that payment can be made at an agreed time and place. This clause causes confusion and inconsistency, because the general provisions of KHES and Fatwa DSN MUI No. 5 of 2000 affirm that the payment of Salam must be made at the beginning of the contract. A characteristic that distinguishes it from the Istisna contract. This research is a normative legal research that uses a statutory approach and a conceptual approach. The legal materials analyzed include KHES, DSN MUI Fatwa, and the Book of Fiqh Madzahibul Arba'ah. The results of the legal interpretation show that in order to achieve conformity with sharia principles and DSN Fatwa, Article 103 of the KHES needs to be interpreted as payment of the price/capital of Salam must be submitted in cash at the beginning of the contract. The phrase "payment of bai' salam goods can be made at the agreed time and place" is interpreted as the delivery of goods in accordance with mutual agreement. The legal consequence of this interpretation is the legal certainty that the Salam contract is only considered valid if the price is paid in cash at the beginning of the contract. This legal certainty is important to maintain consistency in the application of the law, dispute resolution, compliance with sharia principles, and regulatory implications in Indonesia. In order to achieve certainty and consistency of sharia law, it is recommended that the Compilation of Sharia Economic Law (KHES) revise or clarify the formulation of Article 103 to explicitly affirm the obligation to pay the price of the Bai' Salam contract in cash at the beginning of the contract.
Copyright (c) 2025 Defi Dzikiyatul Khasana, Agus Fakhrina, Ulfia Imma, Anindya Aryu Inayati https://creativecommons.org/licenses/by-nc/4.0
Efektivitas Mediasi Dalam Penyelesaian Sengketa Ekonomi Syariah Di Pengadilan Agama Batang Indonesia Pada 2019-2024
This study examines the effectiveness of mediation in resolving Islamic economic disputes at the Batang Religious Court during 2019–2024. As an institution authorized to adjudicate such disputes, the court handled eight cases, five of which were successfully resolved through mediation while three proceeded to judgment. The mediation success rate reached approximately 62.5%, indicating its significant role as a faster and more efficient dispute resolution mechanism compared to litigation. Using an empirical juridical method and a qualitative approach, this study provides an analytical description of mediation practices based on Supreme Court Regulation (PERMA) No. 1 of 2016 on Court Mediation Procedures. The results show that mediation was conducted in accordance with the regulation, with an average completion time of 1–3 months. Mediation success was influenced by mediator competence, party attendance, facilities, and public legal awareness. However, several obstacles were identified, including party absenteeism, emotional tension, and limited understanding of mediation. Cultural values of deliberation and familial harmony supported the mediation process, although they were not always effective in disputes involving financial interests. Overall, mediation at the Batang Religious Court is considered flexible, low-cost, and satisfactory for disputing parties, although improvements in facilities and public education are still needed to enhance its effectiveness.
Copyright (c) 2025 Nabhan Naufal Annur, Teti Hadiati https://creativecommons.org/licenses/by-nc/4.0
Legalitas Sertifikasi Halal Produk Makanan Dan Minuman Impor
This study examines the legality of halal certification for imported food and beverage products in Indonesia based on prevailing positive law and the mandatory procedures that must be followed by producers or importers before distributing their products in Indonesia. Halal certification serves not only as a form of legal protection for Muslim consumers but also as a mandate of Law Number 33 of 2014 concerning Halal Product Assurance. Imported products entering Indonesia must undergo a registration process and comply with import regulations, including meeting halal standards. However, in practice, the halal certification process for imported products often encounters challenges, particularly when the country of origin does not have a mutual recognition agreement on halal certification with Indonesia. This research uses a normative juridical method with a qualitative approach, analyzing laws, legal literature, and relevant policies issued by the Halal Product Assurance Organizing Agency (BPJPH). The findings indicate that legal recognition of halal certificates for imported products in Indonesia requires international cooperation in the field of halal assurance. The case of imported marshmallows containing non-halal ingredients circulating in the market highlights the lack of coordination and weak supervision by BPJPH and the Food and Drug Supervisory Agency (BPOM). This study is analyzed using the theory of legal certainty, which is closely related to consumer protection.
Copyright (c) 2025 Riska Marella Evelyna, Tarmidzi, Mubarok https://creativecommons.org/licenses/by-nc/4.0
Tradisi Sende Sawah Pada Masyarakat Muslim Di Desa Sidomukti Kecamatan Weleri Kabupaten Kendal Indonesia Dalam Perspektif Maslahah
The sende tradition is a local custom in Sidomukti Village, practiced as a form of mutual assistance among the predominantly farming community. In this tradition, rice fields are pledged to individuals with surplus funds in exchange for loans, with the land to be reclaimed upon repayment. This study aims to examine the compatibility of the contractual structure in the sende tradition with Islamic legal principles, ensuring its legitimacy and sustainability under Sharia law. This research employs an empirical legal method with a qualitative approach. Primary data were collected through observation, in-depth interviews, and document analysis, while secondary data were sourced from books, journals, and relevant literature. Data analysis followed Miles and Huberman’s qualitative model: data collection, reduction, display, and conclusion drawing. Findings indicate that the sende practice aligns more closely with the rahn (pledge) contract than with bai’ al-wafa (conditional sale). Despite its cultural entrenchment, implementation varies and community understanding of Islamic contracts remains limited. The transfer of land management rights, coupled with an agreement for future repossession, is generally accepted. However, to avoid riba (usury), the practice must be based on a clear, mutually agreed contract in line with Islamic principles.
Copyright (c) 2025 Irham Abdul Rosyid, Mohammad Fateh https://creativecommons.org/licenses/by-nc/4.0
Rekonstruksi Hukum Ekonomi Islam: Antara Idealitas Syariah dan Realitas Pasar Giwangan Yogyakarta Indonesia
Penelitian ini membahas rekonstruksi hukum ekonomi Islam dengan fokus pada relasi antara idealitas syariah dan realitas praktik ekonomi di Pasar Giwangan Yogyakarta. Permasalahan utama yang diangkat adalah adanya kesenjangan antara prinsip-prinsip fiqh muamalah yang menekankan keadilan, transparansi, dan larangan praktik riba dengan kenyataan pasar tradisional yang masih sarat dengan praktik tawar-menawar, persaingan tidak sehat, hingga potensi penipuan. Penelitian ini menggunakan pendekatan kualitatif dengan metode studi lapangan (field research) melalui wawancara mendalam dengan pedagang, pembeli, dan pengelola pasar, serta observasi langsung terhadap pola transaksi yang berlangsung. Data dianalisis secara deskriptif-analitis dengan merujuk pada teori maqasid syariah sebagai kerangka konseptual. Hasil penelitian menunjukkan bahwa meskipun sebagian besar pelaku pasar memiliki kesadaran nilai keagamaan, implementasi prinsip hukum ekonomi Islam belum sepenuhnya terwujud karena faktor kebutuhan ekonomi, lemahnya pengawasan, serta keterbatasan pemahaman syariah. Oleh karena itu, rekonstruksi hukum ekonomi Islam dalam konteks Pasar Giwangan perlu diarahkan pada internalisasi nilai syariah yang kontekstual, penguatan literasi ekonomi syariah, dan pembentukan regulasi pasar yang sesuai dengan maqasid syariah agar tercipta keseimbangan antara idealitas norma dan realitas praktik.
Copyright (c) 2025 Nashrul Mu'minin https://creativecommons.org/licenses/by-nc/4.0
Relevansi ‘Urf Terhadap Adat Jual Beli Singkong Pada Masyarakat Muslim Lampung
Kebiasaan atau adat yang dilakukan secara berulang atau disebut ‘Urf, merupakan suatu kebiasaan yang mengandung makna kebaikan (ma'ruf). Adat ini, baik yang bersifat umum maupun lokal, menjadi salah satu pertimbangan dalam penetapan hukum Islam, sebagaimana tercermin dalam kaidah fikih al-‘ādah muḥakkamah (adat dapat menjadi hukum). Penelitian ini menggambarkan kondisi muamalah (transaksi ekonomi) di Desa Rama Utama, Kecamatan Seputih Raman, Kabupaten Lampung Tengah. Dengan menggunakan metode deskriptif kualitatif, penelitian ini menyoroti praktik jual beli singkong dengan diskon 20% yang telah menjadi kebiasaan masyarakat setempat. Hasil penelitian menunjukkan bahwa praktik tersebut tergolong sebagai ‘urf fasid (adat yang rusak) karena bertentangan dengan prinsip-prinsip hukum Islam, merugikan salah satu pihak, serta tidak memenuhi syarat sahnya transaksi, meskipun telah berlangsung lama dan diterima oleh masyarakat.
Copyright (c) 2025 Aye Sudarto, Ani Nurul Imtihanah https://creativecommons.org/licenses/by-nc/4.0
Strategi Badan Wakaf Indonesia (BWI) dalam Penyelesaian Sengketa Wakaf di Aceh Indonesia
This study aims to analyze the dispute resolution strategies implemented by the Indonesian Waqf Board (Badan Wakaf Indonesia-BWI)Representative Office in Aceh and to assess their compliance with Islamic legal principles. The urgency of this study stems from the high potential for waqf disputes in Aceh, primarily due to incomplete administrative documentation and inadequate records of waqf assets. These conditions often trigger disputes between nazhir, wakif, and heirs, thereby requiring an effective, structured, and sharia-compliant dispute resolution mechanism. This research employs a descriptive qualitative approach using document analysis and in-depth interviews with informants from BWI Aceh and academic experts. The data were analyzed thematically to identify patterns of dispute resolution and their relevance to the concepts of shulh and tahkim in Islamic law. The findings indicate that BWI Aceh prioritizes non-litigation mechanisms through mediation and arbitration. Mediation serves as the primary instrument, conducted through problem identification, facilitated dialogue, and negotiation until a mutually acceptable settlement is reached. Arbitration is applied when mediation does not produce an agreement. This approach aligns with Islamic values that emphasize deliberation, justice, and peace. These strategies have proven effective in resolving various types of disputes, including conflicts involving overlapping claims and differing interpretations of management rights. The study concludes that BWI Aceh’s strategy is consistent with Islamic legal principles and contributes to enhancing legal certainty and protecting waqf assets. Nevertheless, strengthening data management, disseminating regulations, and improving nazhir capacity remain necessary to ensure more optimal waqf dispute resolution.
Copyright (c) 2025 Ina Fatiya, Khairil Umuri, Muhammad Haris Riyaldi, Eka Nurlina, Muftahuddin Muftahuddin https://creativecommons.org/licenses/by-nc/4.0
Kesadaran Hukum Pelaku Usaha Terhadap Larangan Bai’ Najasy Pada Praktik Fake Order
This study examines fake orders, which are fictitious orders. In Islam, fake orders are included in the Bai’ Najasy category, which is market manipulation that is prohibited because it contains elements of fraud and injustice. To improve the reputation of the store, some business actors in e-commerce transactions make fake orders. Therefore, awareness of Islamic law is an important factor in preventing this practice in order to comply with the principles of honest and transparent transactions. This study uses a qualitative approach with a case study method on e-commerce business actors in Pekalongan. The results of the study show that the level of awareness of Islamic law among business actors is still low. Most business actors do not understand the concept of Bai’ Najasy in depth and are not aware that fake orders are included in practices that are prohibited in Islam. This practice is generally carried out with the aim of increasing customer trust and business competitiveness without considering its legal impact. Awareness of Islamic law in e-commerce transactions still needs to be improved through education and socialization. The government, academics, and e-commerce platforms need to work together in providing understanding to business actors so that they are more compliant with sharia principles. Stricter regulations are also needed to suppress the practice of Bai’ Najasy in transactions.
Copyright (c) 2025 Ashri Puspita Rini, Jumailah https://creativecommons.org/licenses/by-nc/4.0
Implementasi Fatwa DSN-MUI Dalam Jual Beli Emas Secara Tidak Tunai Di Bank Syariah Indonesia
This study aims to analyze the mechanism of buying and selling gold in cash in gold installment products at Bank Syariah Indonesia (BSI) and analyze the application of fatwa number 77/DSN-MUI/V/2010 concerning the cashless buying and selling of gold in gold installment products at BSI. The type of research used is juridical-empirical research and uses a qualitative approach. The source of research data was obtained from the results of interviews through parties concerned with BSI gold installment products, secondary data sources were obtained from the internet, books, relevant previous research and other written sources related to the research. The results of the study show that the implementation of fatwa number 77/DSN-MUI/V/2010 concerning the sale and purchase of gold in cash on BSI gold installment products is not in accordance with what is in the limits and provisions in the fatwa. The selling price of gold (tsaman) is not allowed to increase during the term of the agreement even though there has been an extension of the period after maturity. Gold purchased with credit or cashless payment can be used as collateral (rahn). And gold that is used as collateral may not be sold or used as an object of other contracts that cause a transfer of ownership. The contribution of this research is that it can be an evaluative reference for strengthening the implementation of sharia principles in non-cash gold financing products.
Copyright (c) 2025 Fanisa Meilianingsih, Mohammad Fateh, Noorma Fitriana M. Zain https://creativecommons.org/licenses/by-nc/4.0
Implementasi Fatwa Dsn-Mui Nomor 88/Dsn-Mui/Xi/2013 Dalam Penyelenggaraan Dplk Di Bank Muamalat Pekalongan
This study aims to describe the mechanism for administering Financial Institution Pension Funds at Bank Muamalat Pekalongan and analyze the compliance of its management with Fatwa MUI No. 88/DSN-MUI/XI/2013. This research employs an empirical juridical method with a qualitative approach to gain an in-depth understanding of the implementation of sharia principles in pension fund management at Bank Muamalat Pekalongan. The findings indicate that Bank Muamalat Pekalongan has implemented the Financial Institution Pension Fund (DPLK) program in accordance with the regulations set forth in Fatwa DSN-MUI No. 88/DSN-MUI/XI/2013 general guidelines for implementing pension programs based on sharia principles , covering fund collection from participants, investment management following sharia principles, and pension benefit distribution to eligible participants. Bank Muamalat also applies the DPLK mechanism in compliance with Fatwa DSN-MUI provisions, including the use of sharia contracts such as Wakalah Bil Ujrah in fund management. Additionally, investments are made solely in halal financial instruments and are supervised by the Sharia Supervisory Board (DPS) to ensure adherence to sharia principles.
Copyright (c) 2025 Nabilla Priyant Pertiwi, Soleh Hasan Wahid https://creativecommons.org/licenses/by-nc/4.0
Analisis Fitur Swap Free pada Platform Trading Forex dalam Perspektif Majelis Ulama Indonesia (MUI)
Forex trading is a form of trading one currency for another that is done by utilizing fluctuations in currency exchange rates at certain times. However, there are concerns about its compatibility with sharia law. PT Finex Bisnis Solusi Futures presents an Islamic Account to avoid overnight fees (interest) or Swap free. The word “Islamic” claims this feature is sharia compliant, although the transaction mechanism is allegedly the same as forex trading without Swap free, which is still under debate. Forex trading is in accordance with the pillars of Al-Sharf, but spot or cash payments are still not fulfilled. This research aims to explain the mechanism of forex transactions with the swap free feature at Finex and analyze its suitability with the DSN MUI Fatwa No. 28/DSN-MUI/III/2002 concerning buying and selling currencies (Al-Sharf).This research is included in the category of empirical legal research using a qualitative approach. Data sources in the form of primary data obtained by observation techniques carried out on the forex trading platform owned by PT Finex Solusi Bisnis Futures and the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) Fatwa No. 28/DSN-MUI/III/2002 concerning currency trading transactions (Al-Sharf), and secondary data containing primary legal materials, secondary legal materials, and tertiary legal materials obtained by documentation techniques consisting of material or data related to forex trading, books, journals, research documentation, and other sources. This research uses a qualitative descriptive data analysis method.The results of this study conclude that the mechanism of forex trading transactions using the swap free feature or Islamic Account begins with registering an account on the Finex platform, conducting market analysis, determining transaction positions, and making transactions. The Swap free feature (Islamic Account) is not yet in accordance with the. provisions of DSN-MUI No.28/DSN-MUI/III/2002 concerning the sale and purchase of currencies (Al-Ṣharf) because it still utilizes currency exchange rate fluctuations, is not done in cash, uses a leverage system and performs short selling strategies aimed at profit.
Copyright (c) 2025 Ajeng Noviasih, Teti Hadiati https://creativecommons.org/licenses/by-nc/4.0
Regulasi Jaminan Produk Halal Sebagai Bentuk Perlindungan Hukum Terhadap Konsumen Muslim Dalam Produk Kosmetik
For the majority of Muslims, the halal status of a product is very important for those who use it. Halal products are a necessity that is mandatory in Indonesia, not just food and medicine, for women, skin care in the modern era is now an obligation to make their appearance attractive. As a Muslim, it is not only halal food that must be kept halal, the care used from hair to feet must also be halal. This research uses the Normative Juridical research method, while the research studied uses legal materials or library materials, which in this case is secondary data. Then the researcher took a qualitative approach which emphasized understanding social phenomena in depth through the individuals involved. Data collection techniques through library studies, documents and archival studies. Data analysis was carried out using a qualitative approach.The results of the study indicate that the regulation of legal protection for Muslim consumers in cosmetic products is quite adequate. However, in its implementation it is not yet effective enough, because there are still cosmetic products that do not have distribution permits. The rights of consumers protected by consumer protection laws have not been fulfilled.
Copyright (c) 2025 Chafizah Adelia, Tarmidzi https://creativecommons.org/licenses/by-nc/4.0
Kepatuhan Hukum Pengusaha Dalam Menunaikan Zakat Perikanan
Fisheries zakat is zakat imposed on the results of the fishery business, both obtained through cultivation and fishing, and paid at harvest time. This zakat must be paid if the harvest reaches nisab equivalent to 85 grams of gold. Most of the medium-to-upper scale fishery entrepreneurs have the potential to achieve nisab zakat. However, there are still fishery entrepreneurs who do not pay zakat. This study aims to analyze the ability of fishery entrepreneurs in Banda Aceh City to pay zakat based on income from fish catches. And analyze aspects of fulfilling indicators of legal compliance of fisheries entrepreneurs in paying zakat. This research is an empirical legal research using a qualitative approach. The research data was analyzed by descriptive-analysis method. The results of the study show that fishery entrepreneurs in the city of Banda Aceh have fulfilled the nisab of income zakat. Indicators of legal compliance in paying zakat fulfilled by fishery entrepreneurs are indicators of trust and acceptance. Where fish entrepreneurs believe and accept the existence of zakat obligations. In general, fisheries entrepreneurs in Banda Aceh City are categorized as non-compliant with the law in fulfilling their zakat obligations. The contribution of this research is that it can be a reference for the formulation of strategic policies in increasing zakat compliance through more effective educational, regulatory, and institutional approaches.
Copyright (c) 2025 Faradika Faradika, Analiansyah Analiansyah, Rina Desiana https://creativecommons.org/licenses/by-nc/4.0
Efektivitas Kebijakan Merger Bank Syariah Indonesia (BSI) dalam Revitalisasi Pembangunan Ekonomi Berbasis Syariah
Indonesia as a country with a majority Muslim population has an urgency to develop a sharia-based economic system as a just alternative in facing conventional economic dynamics. This study aims to analyze the effectiveness of the merger policy of Bank Syariah Indonesia (BSI) in supporting the strategy of revitalizing economic development based on sharia principles and improving community welfare. The method used is normative qualitative research with a social approach and descriptive analysis of secondary data in the form of regulations, institutional documents, and academic publications on Islamic economics. The results of the study show that BSI as a combination of three state-owned Islamic banks is not only able to strengthen the national sharia economic structure, but also become a motor for digital transformation, strengthening human resources, and financial inclusion for middle-to-lower business actors. Thus, BSI's merger policy can be declared effective. This research contributes to the development of an Islamic economic development model that is oriented towards the benefit of the ummah and emphasizes the importance of collaboration between the state, financial institutions, and society in realizing welfare based on sharia values.
Copyright (c) 2025 Ikhsan Gasali, Wahida Rahim Wahida, Ikhlas Supardin Ikhlas https://creativecommons.org/licenses/by-nc/4.0
Efektivitas Kebijakan Penghimpunan Dana Zakat Infaq Dan Sodaqoh (ZIS) Dengan Menggunakan Payroll System
This study aims to analyze the effectiveness of the ZIS fund collection policy using the payroll system for civil servants by BAZNAS Banjarmasin City as the fund collector and manager. The type of research used is empirical legal research with a combination approach (mix methods). The population of this study is 4,562 people. The research sample is 4,442 people with purposive sampling technique. Data analysis uses interactive analysis techniques and descriptive statistics. The results of the study are known from the collection of the ZIS payroll system for Banjarmasin City civil servants by BAZNAS Banjarmasin City in the process of the payroll system is carried out through a 2.5% salary deduction for muzakki civil servants in groups III and IV. Then deductions of Rp. 5,000 and Rp. 10,000 for civil servants of groups I and II by the treasurer in each work unit. This policy is considered quite effective in collecting ZIS funds with the fulfillment of the indicators of substance, structure and legal culture. However, due to the policy being applied without coercion and is not required to all civil servants, the potential for ZIS payroll system funds for Banjarmasin City civil servants in 2023 is not in line with its realization. The contribution of this research is the evaluation of the implementation of the ZIS collection policy using the payroll system. In addition, the results of this study can be a model for implementation in other regions, especially in building a more structured, transparent, and legal-based ZIS collection system.
Copyright (c) 2024 el_hisbah https://creativecommons.org/licenses/by-nc/4.0
Implementasi Fatwa DSN MUI Tentang Syariah Card Pada Produk BSI Hasanah Card
Fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) Number 54/DSN-MUI/X/2006 concerning sharia cards explains the legal provisions regarding sharia financial products, especially Hasanah card products issued by Bank Syariah Indonesia (BSI). This research aims to analyze the application of this fatwa in the context of the BSI Hasanah Card which has been designed to meet people's needs in financial transactions without violating sharia principles. By analyzing the mechanism for using the contract, restrictions (dhawabith hudud) on card use such as (1) prohibition of usury, (2) prohibition of carrying out transactions that are not in accordance with sharia, (3) prohibition of excessive use (ishraf) by setting a maximum spending ceiling, (4) card holders must have the financial capacity to be able to pay when billing time arrives, (5) prohibition on providing facilities that are contrary to sharia, compensation costs (ta'widh) and late fines, as well as obstacles faced in implementing BSI Hasanah Card. This type of research is juridical-empirical using primary and secondary data collection techniques through observation, interviews and document study. The results of this research show that the BSI Hasanah Card product has aligned its use to be free from usury and the implementation of contracts in accordance with existing fatwas. However, there are discrepancies with the fatwa in certain matters, such as the application of compensation fees (ta'widh) and the lack of clear mapping regarding the blocking of product purchases which are only limited to the merchant, not the item or product.
Hutang Uang Dibayar Emas dan Akibat Hukumnya Terhadap Para Pihak
This study aims to analyze the payment of debt with gold and its legal consequences for the parties. The research method uses empirical juridical with a qualitative approach. This study was conducted in the Muslim community in North Aceh Regency. Data collection techniques use observation, interviews and documentation. The analysis technique uses an interactive model. The research findings were analyzed using the perspective of Islamic economic law. The results of the study indicate that the mechanism for paying debts with gold in North Aceh Regency, initially the debtor (muqtarid) receives money from the price/measurement of gold then returns it to the creditor (muqrid) with previously measured gold. Reviewed from Islamic economic law, paying debts with gold in North Aceh Regency violates the pillars of debt and receivables. In debt and receivable transactions, "it is obligatory for the borrower to return the missile of the property that is owed to him". As a solution, hillah (حيلة) is carried out, namely money is turned into gold and then paid with gold, this is formally valid but not morally valid because it is contrary to the principle of mutual assistance in Islamic economic law. This study contributes to the development of Islamic economic law, especially as a reference for debt and receivables transactions as prescribed by Islam.
Overmacht Dalam Perjanjian Sewa Menyewa Alat Berat: Suatu Analisis Penyelesaian Sengketa
This research aims to determine the resolution of internal overmacht disputes heavy equipment rental agreement at PT. Setya Perkasa Graha Aditama. And aims to explain the legal consequences of dispute resolution overmacht towards the parties in the rental agreement. This research is juridical-empirical research, which is descriptive in nature with a qualitative approach. The primary data source is the results of interviews with the Commissioner of PT. Setya Perkasa Graha Aditama and Mr Adi. Secondary data sources include information obtained from statutory regulations, fiqh principles, and interviews with related parties that support research data. The analysis technique for this research uses interactive analysis. The research results show that the completion of the rental agreement between PT. Setya Perkasa Graha Aditama and Mr. Adi have complied with the dispute resolution in the agreement in the form of negotiations. And the legal consequences of overmacht for the perpetrators of the rental agreement are: The lessee is free from the obligation to fulfill the performance as long as he is still in a state of overwork. Or it is allowed to "postpone" the implementation of the performance, until the force majeure situation is gone. For the lessee, the obligation to compensate and the purpose of the agreement are eliminated, where the implementation of the fulfillment/achievement of the agreement is considered "null and void". This research contributes to the formulation of business contract policies that are more adaptive to the risk of force majeure—both in force majeure clauses and in enforcing the precautionary principle.